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• Bar refers lawyer in video clip to Disciplinary Board

©The Sunday Star (Used by permission)
by Shaila Koshy

KUALA LUMPUR: The Malaysian Bar wants the Government to set up a Royal Commission of Inquiry immediately to investigate allegations of judicial impropriety over the years in light of the video clip that has emerged showing a lawyer apparently “fixing” the appointment of judges with a senior judge over the telephone.

“The video clip is just one issue (on appointments and promotions). Members have expressed their grave concern.

“We have gone from one crisis to another since the 1988 judicial crisis; it is time to confront fully and completely all the issues that have arisen since then with a view to strengthen the administration of justice,” Bar president Ambiga Sreenevasan told a press conference yesterday.

She added that the Bar would present a memorandum calling for a Royal Commission to the Cabinet on Wednesday in Putrajaya.

Earlier, the Bar convened an emergency council meeting that was attended by 25 of the 36 members of its governing body. 

“We are also proposing an extraordinary general meeting for 3pm on Oct 6 to discuss the state of the judiciary as well as the clip,” Ambiga, who is also council chairman, told reporters after the meeting.

“We are referring the lawyer in the clip to our disciplinary board, chaired by senior lawyer Tan Sri Khalid Ahmad,” she replied when asked if it had considered asking the lawyer to explain himself before it even called for the Oct 6 meeting.

Ambiga said the recent incident only underscored the need for a judicial commission for transparency in the appointments and promotions of judges.

When asked the need for a Royal Commission since the public continued to use the courts despite the various crises, she said: “No doubt many cases are filed but the public has no choice (but to do so) to resolve their issues. All that shows is how important the courts are. It is necessary to note that there are many good hardworking judges and it is in their interest that the entire system is looked it.

“Many are opting for arbitration but that involves a lot of money and the man in the street has no choice but to go to court.”

Asked when the disciplinary board would convene, she said the board acted independently of the council.

Council secretary Lim Chee Wee added that the senior judge implicated had issued a statement, saying “no comment.”

Asked what the Bar would do if nothing developed from the authorities’ investigation, Ambiga said that would be unacceptable.

“The outrage you see in our website and the response you’ve heard from civil society shows the people are fed-up,” stressed vice-chairman Ragunath Kesavan.

“This latest is a watershed for us. Clearly, something is seriously wrong in the judiciary.”

Referring to her press statement, Ambiga said they hoped the focus would not turn against the whistleblower.

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